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Lecture to discuss implicit attitudes in tort law

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This year's Monsanto Lecture at Valparaiso University School of Law will focus on a 7th Circuit case on transporting toxic liquid and implicit attitudes with regards to tort law.

Professors Jon Hanson, Harvard Law School, and Douglas Kysar, Yale Law School, will use Indiana Harbor Belt R.R. Co. v. American Cyanamid Co., 916 F.2d 1174 (7th Cir. 1990), in their March 19 lecture "Abnormally Dangerous: Inequality Dissonance and the Making of Tort Law." In Indiana Harbor, authored by Judge Richard Posner, the 7th Circuit Court of Appeals ruled a shipper of a hazardous chemical is held to a negligence standard for the consequences of a spill during a shipment, and that strict liability is only imposed when the high degree of risk associated with the activity can't be eliminated through due care.

The professors will examine what might explain why courts sometimes prefer a negligence standard when their logic could easily have led them to a strict liability alternative by using behavioral science.

There is growing evidence that the reasons people give for their behavior and decisions are rarely causal and are often confabulatory. The field of social cognition, for instance, has demonstrated through countless experiments that "implicit attitudes" and "implicit motives," which lie outside the purview of introspection, play a far more significant role in shaping our attitudes, ideologies, and behavior than most people realize or care to acknowledge.

The professors will discuss whether an understanding of those implicit processes might help explain why the Circuit Court held that the activity of transporting highly toxic and flammable chemicals through residential areas wasn't abnormally dangerous and thus not subject to strict liability.

The lecture begins at 4 p.m. CDT in Wesemann Hall, 656 S. Greenwich St. It is free and open to the public and one unit of CLE credit will be offered. A form will be available for self-reporting.

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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